N.Y. Civil Rights Law § 70-b: Unlawful interference with protected rights

§ 70-b. Unlawful interference with protected rights. 1. For the

purposes of this section, the term "legally protected health activity"

shall have the same meaning as defined by section 570.17 of the criminal

procedure law.

2. A claim of unlawful interference with protected rights is

established under this section. Such claim shall arise when a person

demonstrates that they engaged in legally protected health activity that

results in litigation or criminal charges brought against that person in

any court in the United States or its territories.

3. Such claim shall arise when any person or entity commences an

action in any court, in the United States or any of its territories, in

which the allegations against the person, whether civil or criminal,

involve legally protected health activity.

4. In a claim for unlawful interference with protected rights under

this section:

(a) compensatory damages, as well as costs and attorneys' fees,

including expert witness fees, shall be recoverable upon a demonstration

of unlawful interference; and

(b) additional damages of up to three times the amount of compensatory

damages shall be recoverable upon an additional demonstration that the

action against the plaintiff was commenced or continued for the purpose

of harassing, intimidating, punishing or otherwise maliciously

inhibiting the exercise of rights protected in New York, including but

not limited to legally protected health activity.

5. Any action or proceeding brought pursuant to this section shall be

commenced no later than six years after the date on which the claim

under this section arises.

6. Nothing in this section shall affect or preclude the right of any

party to any recovery otherwise authorized by common law, or by statute,

law or rule.

7. An action under this section shall be brought in the Supreme Court

of the state of New York.